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S. 2764

BillFederalSenateIn Committee
To amend title XVIII of the Social Security Act to provide for a rebate by manufacturers for selected drugs and biological products subject to maximum fair price negotiation.
About This Bill
Committee
Latest Action · September 12, 2023
Read twice and referred to the Committee on Finance.
Congress
118th (2023–2025)
Introduced
September 12, 2023
Cosponsors (1)
0D 1R
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Summary

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This bill modifies how Medicare pays for cancer and complex therapies by requiring drug manufacturers to pay rebates when their prices exceed negotiated maximum fair prices. Under the legislation, manufacturers must rebate the difference between what Medicare would normally pay under the standard formula (ASP+6 percent) and what is owed under the negotiated price (MFP+6 percent), calculated quarterly based on the number of units dispensed. Patient cost-sharing would be reduced and based on the negotiated price rather than the standard formula, potentially lowering out-of-pocket expenses for beneficiaries receiving these drugs. The rebate amounts would be deposited into Medicare's trust fund, and manufacturers must provide rebates within 30 days of receiving quarterly usage data from the Secretary of Health and Human Services. The bill applies to drugs that are subject to Medicare's drug price negotiation program and includes penalties for manufacturers who fail to comply with the rebate requirements.

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